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Torture Is a Crime, Not a Secret

Author: [opinion] New York Times, Published on: 8 September 2010

Five men who say the Bush administration sent them to other countries to be tortured had a chance to be the first ones to have torture claims heard in court…[T]he men’s lawsuit was tossed out on Wednesday by the full United States Court of Appeals for the Ninth Circuit. The decision diminishes any hope that this odious practice will finally receive the legal label it deserves: a violation of international law. The lawsuit was brought in 2007 against a Boeing subsidiary, Jeppesen Dataplan…The Ninth Circuit was sharply divided…[T]he majority said any effort by the company to defend itself would pose “an unacceptable risk of disclosure of state secrets.”…[T]he five-judge minority point[ed] out that the plaintiffs were never even given a chance to make their case in court using nonsecret evidence…

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